Imposes notice requirement to victim or victim's family when probation or suspended sentence changes or defendant is discharged.

A4809

ASSEMBLY, No. 4809

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MAY 4, 2026

Sponsored by:

Assemblywoman� ELLEN J. PARK

District 37 (Bergen)

SYNOPSIS

���� Imposes notice requirement to victim or victim�s
family when probation or suspended sentence changes or defendant is
discharged.�

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning notice of modification or discharge of
probation or suspended sentence and amending Title 2C of the New Jersey
Statutes.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.� N.J.S.2C:45-2 is amended
to read as follows:

���� 2C:45-2.� Period of Suspension
or Probation; Modification of Conditions; Discharge of Defendant� a.�
When
the court has suspended
imposition of sentence or has sentenced a defendant to be placed on probation
,
the period of the suspension shall be fixed by the court at not to exceed the
maximum term which could have been imposed or more than 5 years whichever is
lesser. The period of probation shall be fixed by the court at not less than 1
year nor more than 5 years. The court, on application of a probation officer or
of the defendant, or on its own motion, may discharge the defendant at any
time.�
Upon discharge from the period of suspension or probation,
the probation division shall notify the
victim or nearest relative of a homicide victim of the
defendant�s
discharge.

���� b.���
During
the period of the suspension or probation, the court, on application of a
probation officer or of the defendant, or on its own motion, may (1) modify the
requirements imposed on the defendants; or (2) add further requirements
authorized
by N.J.S.2C:45-1.�
The probation division shall
notify the victim or nearest relative of a homicide victim regarding any
modification or suspension which has the effect of shortening the defendant�s
period of suspension or modification.
� The court shall eliminate any requirement
that imposes an unreasonable burden on the defendant.�

���� c.���� Upon the termination of
the period of suspension or probation or the earlier discharge of the
defendant, the defendant shall be relieved of any obligations imposed by the
order of the court and shall have satisfied his sentence for the offense unless
the defendant has failed:�

���� (1)�� to fulfill conditions
imposed pursuant to paragraph b. (11) of N.J.S.2C:45-1, in which event the
court may order that the probationary period be extended for an additional
period not to exceed that authorized by subsection a. of this section; or�

���� (2)�� to fulfill the
conditions imposed pursuant to subsection c. of N.J.S.2C:45-1, in which event
the court shall order that the probationary period be extended for an
additional period not to exceed that authorized by subsection a. of this
section.�

���� The extension may be entered
by the court without the defendant's personal appearance if the defendant
agrees to the extension.�

���� Notwithstanding any provision
in this section to the contrary, any order of the court prohibiting contact
with a victim imposed on a defendant convicted of a sex offense shall continue
in effect following the termination of probation supervision until further
order of the court.

(cf: P.L.2007, c.133, s.5)

���� 2.� This act shall take effect
immediately.

STATEMENT

���� This bill imposes a notice
requirement when the court has suspended imposition of sentence or has
sentenced a defendant to be placed on probation.� Under current law, when the
court has suspended imposition of sentence or has sentenced a defendant to be placed
on probation, the period of the suspension shall be fixed by the court.� Under
the bill, upon discharge from the period of suspension or probation, the
probation division shall notify the victim or nearest relative of a homicide
victim of the defendant�s discharge.�

���� Additionally, under current
law, during the period of the suspension or probation, the court, on
application of a probation officer or of the defendant, or on its own motion,
may modify the requirements imposed on the defendants or add further requirements.�
The bill directs that the probation division shall notify the victim or nearest
relative of a homicide victim regarding any modification or suspension which
has the effect of shortening the defendant�s period of suspension or
modification.